Gulzar Ahmad Khan, Senator Vs. Province of Punjab

P L D 1992 Federal Shariat Court 538

Before Tanzil-ur-Rahman, CJ., Abaid Ullah Khan and Nazir Ahmad Bhatti, JJ GULZAR AHMAD KHAN, SENATOR---Petitioner

versus

PROVINCE OF PUNJAB through Secretary, Cooperative Government of Punjab---Respondent

Shariat Petition No.79-I of 1991, decided on 22nd June, 1992.

Cooperative Societies Act (VII of 1925)---

----Preamble---Constitution of Pakistan (1973), Art. 203-D--Repugnancy to Injunctions of Islam ---Circulars bearing Nos. 603-22-RCS, dated 13th February, 1960, RCS/B and C/4869-5018, dated 5th December, 1979 issued by the Registrar, Cooperative Societies, Punjab to the extent they provided for charging interest were repugnant to Injunctions of Islam and unless they were suitably amended by the Provincial Government, the same should cease to be effective as on and from the 1st January, 1993.

Dr. Mahmood-ur-Rahman Faisal v. Government of Pakistan PLD 1992 FSC 1 fol.

Syed Afzal Haider for Petitioner.

Nazir Ahmad Ghazi, Asstt. A: G. with Maqsood Ahmad Khan for Respondents.

Date of hearing: 22nd June, 1992.

JUDGMENT

TANZIL-UR-RAHMAN, CJ.---Heard the learned counsel for the parties

2.By this petition two circulars bearing Nos. 603-22-RCS, dated the 13th February, 1969 and RCS/B&C/4869-5018, dated the 5th December, 1979, issued by the Registrar Cooperative Societies Punjab, Lahore, have been challenged on the ground that the said circulars to the extent they provide for charging interest are repugnant to the Injunctions of Islam. Reliance is placed on a judgment of this Court reported as Dr. Mahmood-ur-Rahman Faisal v. Government of Pakistan PLD 1992 FSC 1. For the reasons recorded in the aforesaid judgment the above-referred circulars to the extent they provide for charging interest are declared repugnant to the Injunctions

of Islam as laid down in the Holy Qur'an and Sunnah. Unless the said circulars, declared repugnant herein, are suitably amended by the Provincial Government, the same shall cease to be effective as on and from the 1st of January, 1993.

M.BA./719/FSC

Petition accepted.